In People v. Rusciano (171 Misc 2d 908 [Town of Eastchester Just Ct, Westchester County 1997]), the information was deemed to be facially insufficient. There, after hearing the telephone ring once, the complainant utilized the *69 feature on her phone to return the call. The defendant, the complainant's former boyfriend, answered and, during the course of the ensuing conversation, threatened that " ' "I can always find you and get my hands on you." ' " (Supra, at 909.) The court held that "the communication must be initiated by the defendant to come within the ambit" of Penal Law 240.30 (1). (Supra, at 914.) The court reasoned: "The gravamen of the crime of aggravated harassment is the use of the telephone, but for which the accompanying offending conduct would constitute, other elements being present, simple harassment ... Since there is nothing inherently more evil in threatening or annoying someone over a telephone line than doing so face-to-face, the more severe criminal sanctions of Penal Law 240.30 are clearly directed at the affirmative, not passive, use of the instrument by the offender. It is the additional harm inflicted by the intrusive quality of the act of telephoning that 'aggravates' the harassment, and where the offensive remarks are uttered by the recipient of the call that additional harm is simply not present." (Supra, at 913.)